ACF: We appeal to the Mayor of Sozopol with a request to remove the illegal construction on Smokinya Beach

The Anti-Corruption Fund (ACF) has alerted the Mayor of Sozopol that the “movable unit” occupying nearly 1000 sq. m. of surface area on Smokinya-Sever Beach is an illegal construction, the permits for which have no legal basis, and therefore it should be removed.

In addition, ACF requested the Regional Inspectorate of Environment and Water (RIEW) in Burgas to provide a copy of its analysis, which concluded that it is not necessary to perform an Environmental Impact Assessment (EIA) of the “movable unit” investment project, even though Smokinya-Sever Beach falls within a protected area.

The structure on Smokinya-Sever Beach, which is being erected by the beach concessionaire Chernomorska Bregova Grupa OOD, featured in media publications in May 2021. Back then, the concessionaire’s representative, Ivan Aleksiev, claimed that there was no construction happening, but only an “installation of a movable unit,” for which the concessionaire had obtained all necessary documents and permits.

At the end of June, following an inspection on site, the National Construction Control Directorate (NCCD) decided that “the assembled monolithic construction elements — concrete footing — fall within the definition of movable units… and do not constitute a construction or part of a construction.”

At the beginning of July, the Mayor of Sozopol, Mr Tihomir Yanakiev, put forward the same argument. In response to a report submitted to him by ACF, the mayor stated that according to the project documentation, provided by the concessionaire, the structure at issue fell within the definition of a “movable unit,” and “the installation permits issued by the Chief Architect of the Sozopol Municipality are in line with the law.”

However, the analysis performed by ACF’s experts shows that the structure on the Smokinya-Sever Beach does not correspond to the legal definition of a “movable unit,” and the permits for its installation have no legal basis. “This is an illegal construction built on the surface of a sea beach,” the ACF experts conclude.

“Using ferro-concrete single fundaments to anchor the construction to the ground prevents its relocation and reinstallation elsewhere without placing new fundaments or other means of anchoring.

Moreover, the legislators have explicitly provided that such fundaments should only be used in exceptional circumstances. It should also be considered that in the present case the construction is anchored on a special terrain that can only be used for restricted purposes in order to preserve the natural landscape and nature of the place,” says Daniela Peneva of ACF’s legal team.

On 30 June 2021, ACF referred the case to the Minister of Regional Development and requested that she exercise her powers of methodic management and control over the spatial planning in the country and the coordination of the work of the competent authorities.

In the meantime, by order of the Prosecutor’s Office, the NCCD carried out a new inspection and suddenly established that there is an illegal construction after all. On 1 July 2021, the Head of the NCCD submitted the case to the Supreme Administrative Prosecutor’s Office on account of the issued permits to install movable units on the beach. The NCCD’s report informed that there were irregular construction works taking place on the beach, while the installation permits “legitimize the construction process by supporting the legal illusion that there are no construction works, but only the installation of a movable unit.”

In response to ACF’s referral of the case to the Ministry of Regional Development (MRD), the General Director of the General Directorate “Construction Control” at the NCCD also stated that “the metal grill and metal/wooden constructions fitted onto the concrete footing possess the characteristics of segmental constructions of fourth and fifth categories.”

“Despite the sudden change in the NCCD’s position after the referral of the case to the MRD, the site is still functioning. Therefore, with our current appeal we are requesting the mayor to exercise his powers with respect to constructions of fourth and fifth categories under the Spatial Planning Act (SPA). The mayor should forbid the use of the site and restrict the access to it, as well as issue an order for its removal,” explains Lora Georgieva of ACF’s legal team.

ACF also requested the RIEW – Burgas to provide a copy of its analysis concluding that it is not necessary to perform an EIA of the “movable unit” investment project, despite the fact that the Smokinya-Sever Beach falls within the borders of a protected area under the Protected Areas Act — natural landmark “sand dunes” in the Kavatsite area, declared as such by order of the Chairman of the Environmental Protection Committee in 1974. The said analysis is not published on the webpage of the RIEW – Burgas.

ACF’s experts also highlight that there is no regulation outlining the procedure for issuing an installation permit for a movable unit on the beaches within the territory of the municipality.

“There are no provisions in the Black Sea Spatial Development Act (BSSDA) that determine the rules and procedure for installing structures on the beach strip. Instead, the BSSDA explicitly refers to the SPA, according to which the procedure for issuing installation permits for movable units, as well as for approving design plans and project documentation, is decided with an ordinance of the municipal council.”

However, the Sozopol Municipality does not have such an ordinance, and the current ordinance on movable units does not cover the installation of such units on beach terrains. Therefore, for the moment the Chief Architect of Sozopol does not have legal grounds to issue permits to install movable units on beaches,” says Daniela Peneva.

“We appeal to the Mayor of the Sozopol Municipality who is legally entrusted with the responsibility to organize the removal of illegal constructions of that category within the territory of the municipality. We urge Mr Yanakiev to order an inspection and issue an order for the removal of the illegal construction.

We will keep monitoring the actions of the Sozopol Municipality and will inform the public about any further developments on the case,” states Boyko Stankushev, Director of the Anti-Corruption Fund.